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2017 Arkansas Code
Title 16 - Practice, Procedure, and Courts
Subtitle 7 - Particular Proceedings and Remedies
Chapter 118 - Miscellaneous Actions
§ 16-118-108. Civil actions against sellers of drug paraphernalia -- Definition
Universal Citation: AR Code § 16-118-108 (2017)
- (a) As used in this subchapter, "drug paraphernalia" means those items as defined by §§ 5-64-101, 5-64-403(a)(4), 5-64-443, and 5-64-505.
- (b)
- (1) Any person who becomes addicted to any controlled substance, as a result of the use of any drug paraphernalia sold to him or her by a store dealing in drug paraphernalia items, has a cause of action against the seller if the person can prove that the item purchased from the seller's store contributed to his or her addiction.
- (2) Any parent or guardian may bring a cause of action described in subdivision (b)(1) of this section on behalf of a minor.
- (c) Any third person injured or killed by a person using a controlled substance, whose use was caused or aided by the use of drug paraphernalia sold to the person by a store dealing in drug paraphernalia items, has a cause of action against the seller if the third person can prove that the item purchased from the store contributed to the person's use and the person's use proximately caused the third person's injury or death.
- (d) Any person who requires hospitalization or outpatient service for drug abuse or a related medical problem is entitled to recover from any store that has sold any drug paraphernalia to the person and reimbursement for any such costs incurred.
- (e) Any federal or state agency that provides medical or kindred treatment to any person who is addicted to drugs as a result of the use of any drug paraphernalia may cause litigation to be commenced against any store or individual that has sold an item of drug paraphernalia that contributed to the person's drug abuse and subsequent treatment, for the purpose of collecting the reasonable costs incurred by the federal or state agency.
- (f) Prior to awarding any damages under this subchapter, the trier of fact shall make written determinations regarding the following questions:
- (1) That a reasonably prudent person acting as the seller would have known or should have known that the item sold would be utilized in the unlawful use of drugs; and
- (2) Considering all the facts and circumstances surrounding the sale, including the physical characteristics of the business establishment and its method of operation, that the seller knew or should have known that the items sold would be utilized in the unlawful use of drugs.
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